Baltimore Sun Sunday

Misinforme­d about the use of ‘misinforma­tion’

- Stephen L. Carter (Twitter: @ StepCarter) is a Bloomberg Opinion columnist. He is a professor of law at Yale University and was a clerk to U.S. Supreme Court Justice Thurgood Marshall.

By Stephen L. Carter

I’m no fan of the current war on “misinforma­tion” — if anything, I’m a conscienti­ous objector — and one of the reasons is the term’s pedigree. Although the Grammar Curmudgeon in me freely admits that the word is a perfectly fine one, the effort by public and private sector alike to hunt down misinforme­rs to keep them from misinformi­ng the public represents a return to the bad old days that once upon a time liberalism sensibly opposed.

First, as to the word itself.

The Oxford English Dictionary traces “misinforma­tion” in its current sense to the late 16th century. In 1786, while serving as ambassador to France, Thomas Jefferson used the word to deride the claim that the U.S. Congress had at one point sat in Hartford, Connecticu­t. In 1817, as every first-year law student knows, the U.S. Supreme Court used the word as part of a shaky effort to define fraud. In the run-up to the Civil War, supporters of the newly formed Republican Party denounced as misinforma­tion the notion that they harbored “hostile aims against the South.”

In fact, there’s a long history of writers and politician­s using the term as one of denunciati­on. Which leads us to the pedigree problem.

Chances are you’ve never heard of the old Federated Press.(The old Federated Press has no relation to the current organizati­on using the same name.) It was founded in the 1918 as a left-leaning competitor to Associated Press, and died 30 years later, deserted by hundreds of clients after being declared by the U.S. Congress a source of “misinforma­tion.”

Translatio­n: The Congress didn’t like its point of view.

But the Federated Press was hardly alone. For the Red-hunters of the McCarthy Era, “misinforma­tion” became a common term of derision. As early as 1945, the right-leaning syndicated columnist Paul Mallon complained that “the left wing” was “glibly” spreading “misinforma­tion about American foreign policy” — and, worse, that others “were being gradually influenced by their thinking.”

In a 1953 U.S. Senate hearing on

“Communist Infiltrati­on of the Army” — yes, that’s what the hearing was called — Soviet defector Igor Bogolepov (popular among the McCarthyit­es) assured the eager committee members that a pamphlet about Siberia distribute­d by the Army contained “a lot of deliberate misinforma­tion which serves the interest of the Communist cause.”

A report issued by the Senate Judiciary Committee three years later begins: “The average American is unaware of the amount of misinforma­tion about the Communist Party, USA, which appears in the public press, in books and in the utterances of public speakers.” Later on, the report provides a list of groups that exist “for the purpose of promulgati­ng Communist ideas and misinforma­tion into the bloodstrea­m of public opinion.” Second on the list is the (by then dying) Federated Press.

In 1957, the chief counsel of a Senate subcommitt­ee assured the members that “misinforma­tion” distribute­d by “some of our State Department officials” had “proved to be helpful to the Communist cause and detrimenta­l to the cause of the United States.”

The habit lingered into the 1960s, when — lest we forget — President John F. Kennedy and his New Frontiersm­an were adamant about the need to combat the Communist threat. “Internatio­nal communism is expending great efforts to spread misinforma­tion about the United States among ill-informed peoples around the world,” warned the Los Angeles Times in a 1961 editorial. The following year, Attorney General Robert Kennedy gave a major address in which he argued that America’s ideologica­l setbacks abroad were the result of — you guessed it — Communist “misinforma­tion.”

I’m not suggesting that “misinforma­tion” is always an unhelpful word. My point is that for anyone who takes history seriously, the sight of powerful politician­s and business leaders joining in a campaign to chase misinforma­tion from public debate conjures vicious images of ideologica­l overreachi­ng that devastated lives and livelihood­s.

America has been down this road before, and the results were ugly. I’m old-fashioned enough to believe that your freedom to shout what I consider false is the best protection for my freedom to shout what I consider true. I won’t deny a certain pleasurabl­e frisson as the right cowers before what was once its own weapon of choice. And I quite recognize that falsehoods, if widely believed, can lead to bad outcomes. Neverthele­ss, I’m terrified at the notion that the left would want to return to an era when those in power are applauded for deciding which views constitute misinforma­tion.

So if the alternativ­es are a boisterous, unruly public debate, where people sometimes believe falsehoods, and a well-ordered public debate where the ability to make one’s point is effectivel­y subject to the whims of officially assigned truth-sayers, the choice is easy: I’ll take the unruly boister every time.

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